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Jan 4, 2012: REFERRED TO CITIES

Apr 6, 2011: REFERRED TO CITIES

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BILL NUMBER:S4474

TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to extending the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and registered domestic partners

PURPOSE: To extend the benefits of the variable supplements fund to all New York city police officers, firefighters, housing police, transit police, correction officers and their registered domestic partners.

SUMMARY OF PROVISIONS: This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the Administrative Code of the City of New York which would add all police officers who are ineligible for the variable supplements fund. This includes all disabled and vested New York City police officers and line of duty widows and widowers, and registered domestic partners, who vested in a retirement system prior to the effective date of this subdivision.

The Administrative Code of the City of New York is amended by adding a new subdivision (h) to § 13-385 and subdivision (f) to § 13-395 to add all firefighters who are ineligible for the variable supplement fund. This includes all disabled and vested New York City firefighters and line of duty widows and widowers, and registered domestic partners, who vested in a retirement system prior to the effective date of this subdivision.

The Administrative Code of the City of New York is amended by adding a new paragraph (i) to subdivision 4 of § 13-191 and a new paragraph (h) to subdivision 4 of § 13192 to add all transit police officers who are ineligible for the variable supplement fund. This includes all disabled and vested New York City transit police officers and line of duty widows and widowers, and registered domes tic partners, who vested in a retirement system prior to the effective date of this subdivision.

The Administrative Code of the City of New York is amended by adding a new paragraph (I) to subdivision 4 of § 13-191 and a new paragraph (h) to subdivision 4 of § 113-192 to add all housing police officers who are ineligible for the variable supplement fund. This includes all disabled and vested New York City housing police officers and line of duty widows and widowers, and registered domestic partners, who vested in a retirement system prior to the effective date of this subdivision.

This legislation adds subdivision (f) to §§ 13-271 and 13-281 of the Administrative Code of the City of New York which would add all correction officer members who are ineligible for the variable supplements fund. This includes all disabled and vested New York City corrections officers and line of duty widows and widowers, and registered domestic

partners, who vested in a retirement system prior to the effective date of this subdivision.

JUSTIFICATION: The current variable supplement fund is only available to those officers who retire after 20 years of service. Anyone who retired with a disability pension has been excluded. All retirees should be treated equally, therefore this bill would provide the variable supplement benefit to all retired police officers, firefighters, housing police, transit police and registered domestic partners from the effective date into the future. Former members of the NYC Housing and Transit Police that retired for service after June 30, 1987 presently receive a supplemental benefit from the Variable Supplements Fund (hereinafter referred to as the "VSF"). The VSF was enacted into law as a result of a fact-finders award in 1970 and was granted to members of the NYC Police and Fire pension funds that retired for service after October 1, 1968.

In the mid-1960s members of the Housing and Transit Police were granted and given pay and retirement benefit parity. However, the VSF was not bestowed upon similarly situated members of those two departments until legislation was enacted effective after June 30, 1987, As a matter of equity and fairness, the VSF should be granted to all members of the Housing and Transit Police that retired for service subsequent to October 1, 1968.

Text

STATE OF NEW YORK
________________________________________________________________________
4474
2011-2012 Regular Sessions
IN SENATE
April 6, 2011
___________

Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to extending the benefits of the variable supplements fund to
all New York city police officers, firefighters, housing police, tran-
sit police, correction officers and registered domestic partners
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13-271 of the administrative code of the city of
New York is amended by adding a new subdivision f to read as follows:
F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE
OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS FROM
THE NEW YORK CITY POLICE PENSION FUND. ALL SUCH POLICE OFFICER RETI-
REES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SUBCHAPTER PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH SEVEN OF SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY
POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
S 2. Section 13-281 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL POLICE OFFICERS WHO, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET
FORTH IN THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY POLICE

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03072-01-1

S. 4474 2

OFFICERS, LINE OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS
AND ALL OTHER RETIRED NEW YORK CITY POLICE OFFICERS WHO RECEIVE BENEFITS
FROM THE NEW YORK CITY POLICE PENSION FUND. ALL SUCH RETIRED POLICE
OFFICERS, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SUBCHAPTER PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I)
OF PARAGRAPH TWO OF SUBDIVISION A OF THIS SECTION FROM THE EFFECTIVE
DATE OF THIS SUBDIVISION. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL
SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY
POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
S 3. Section 13-385 of the administrative code of the city of New York
is amended by adding a new subdivision i to read as follows:
I. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
RETIRED FIREFIGHTERS WHO RECEIVE BENEFITS FROM THE NEW YORK FIRE DEPART-
MENT PENSION FUND. ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGIS-
TERED DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY
GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN THIS SUBCHAPTER PURSUANT TO
THE SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TEN OF SUBDIVI-
SION A OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION.
HOWEVER, NOTHING IN THIS SUBDIVISION SHALL SERVE TO CAUSE A REDUCTION IN
THE VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY
WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS
SUBDIVISION.
S 4. Section 13-395 of the administrative code of the city of New York
is amended by adding a new subdivision f to read as follows:
F. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SUBCHAPTER SHALL APPLY TO ALL FIREFIGHTERS WHO, PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN
THIS SUBCHAPTER, INCLUDING ALL DISABLED NEW YORK CITY FIREFIGHTERS, LINE
OF DUTY WIDOWS AND WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER
FIREFIGHTERS WHO RECEIVE A BENEFIT FROM THE NEW YORK FIRE DEPARTMENT
PENSION FUND. ALL SUCH FIREFIGHTERS, WIDOWS AND WIDOWERS, REGISTERED
DOMESTIC PARTNERS AND RETIREES SHALL BE ELIGIBLE AND ARE HEREBY GRANTED
ALL RIGHTS AND BENEFITS SET FORTH IN THIS SUBCHAPTER PURSUANT TO THE
SCHEDULE SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION A
OF THIS SECTION FROM THE EFFECTIVE DATE OF THIS SUBDIVISION. HOWEVER,
NOTHING IN THIS SUBDIVISION SHALL SERVE TO CAUSE A REDUCTION IN THE
VARIABLE SUPPLEMENT PAYMENT TO ANY FIREFIGHTER OR THEIR BENEFICIARY WHO
WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
S 5. Subdivision 4 of section 13-191 of the administrative code of the
city of New York, as added by chapter 844 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT POLICE MEMBERS WHO
RETIRED AS TRANSIT POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH TRANSIT POLICE OFFICER

S. 4474 3

RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY TRANSIT POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
S 6. Subdivision 4 of section 13-191 of the administrative code of the
city of New York, as added by chapter 846 of the laws of 1987, is
amended by adding a new paragraph (i) to read as follows:
(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS AND WIDOWERS,
REGISTERED DOMESTIC PARTNERS AND ALL OTHER HOUSING POLICE MEMBERS WHO
RETIRED AS HOUSING POLICE OFFICERS AND WHO RECEIVE BENEFITS FROM THE NEW
YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH HOUSING POLICE OFFICER
RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS SHALL BE
ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET FORTH IN
THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH ONE OF
PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF THIS PARA-
GRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE A
REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY HOUSING POLICE OFFI-
CER OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
S 7. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter 844 of the laws of 1987, is
amended by adding a new paragraph (h) to read as follows:
(H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL TRANSIT POLICE MEMBERS WHO RETIRED AS TRANSIT
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED TRANSIT POLICE MEMBERS, LINE OF DUTY WIDOWS AND
WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER TRANSIT POLICE
MEMBERS WHO RETIRED AS TRANSIT POLICE SUPERIOR OFFICERS AND WHO RECEIVE
BENEFITS FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
TRANSIT POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND ARE HEREBY GRANTED ALL
RIGHTS AND BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO
ANY TRANSIT SUPERIOR POLICE OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
S 8. Subdivision 4 of section 13-192 of the administrative code of the
city of New York, as added by chapter 846 of the laws of 1987, is
amended by adding a new paragraph (h) to read as follows:
(H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL HOUSING POLICE MEMBERS WHO RETIRED AS HOUSING
POLICE SUPERIOR OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH, WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN THIS SECTION,
INCLUDING ALL DISABLED HOUSING POLICE MEMBERS, LINE OF DUTY WIDOWS AND
WIDOWERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER HOUSING POLICE
MEMBERS WHO RETIRED AS HOUSING POLICE SUPERIOR OFFICERS AND WHO RECEIVE

S. 4474 4

BENEFITS FROM THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH
HOUSING POLICE SUPERIOR OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGIS-
TERED DOMESTIC PARTNERS SHALL BE ELIGIBLE AND ARE HEREBY GRANTED ALL
RIGHTS AND BENEFITS SET FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE
SET FORTH IN SUBPARAGRAPH ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM
THE EFFECTIVE DATE OF THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH
SHALL SERVE TO CAUSE A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO
ANY HOUSING POLICE SUPERIOR OFFICER OR THEIR BENEFICIARY WHO WAS ELIGI-
BLE FOR THE BENEFIT PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH.
S 9. Subdivision 4 of section 13-194 of the administrative code of the
city of New York is amended by adding a new paragraph (h) to read as
follows:
(H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CORRECTION OFFICER MEMBERS WHO RETIRED AS
CORRECTION OFFICERS, WHO, PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH,
WERE INELIGIBLE FOR THE BENEFITS SET FORTH IN THIS SECTION, INCLUDING
ALL DISABLED CORRECTION OFFICER MEMBERS, LINE OF DUTY WIDOWS AND WIDOW-
ERS, REGISTERED DOMESTIC PARTNERS AND ALL OTHER CORRECTION OFFICER
MEMBERS WHO RETIRED AS CORRECTION OFFICERS AND WHO RECEIVE BENEFITS FROM
THE NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM. ALL SUCH CORRECTION
OFFICER RETIREES, WIDOWS AND WIDOWERS AND REGISTERED DOMESTIC PARTNERS
SHALL BE ELIGIBLE AND ARE HEREBY GRANTED ALL RIGHTS AND BENEFITS SET
FORTH IN THIS SECTION PURSUANT TO THE SCHEDULE SET FORTH IN SUBPARAGRAPH
ONE OF PARAGRAPH (C) OF THIS SUBDIVISION, FROM THE EFFECTIVE DATE OF
THIS PARAGRAPH. HOWEVER, NOTHING IN THIS PARAGRAPH SHALL SERVE TO CAUSE
A REDUCTION IN THE VARIABLE SUPPLEMENT PAYMENT TO ANY CORRECTION OFFICER
OR THEIR BENEFICIARY WHO WAS ELIGIBLE FOR THE BENEFIT PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH.
S 10. This act shall take effect immediately.

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